Glosa do wyroku sądu w sprawie Deutsche Bahn v. Komisja z dnia 6 września 2013 r. (sprawy połączone T-289/11, T-290/11 1T-521/11)
A case commentary on the general court's judgment in Deutsche Bahn v. commission delivered on 6th September 2012 (joined cases t-289/11, t-290/111 t

Summary/Abstract: The commented judgment of the General Court in Deutsche Bahn v Commission delivered in September last year was a long-awaited decision. It concerned the action brought by the Deutsche Bahn Group hallenging the legality of three dawn raids carried out by the Commission on its premises. The reason for the inspections of the German undertakings was a suspicion on the part of the Commission that the Group engaged in the anti-competitive behaviour which took the form of favourable discounts on traction electricity offered by Deutsche Bahn to its subsidiaries. These practices, according to the Commission, proved detrimental and discriminatory to other competitors in the market. In its judgment the Court once again confirmed that the scope of investigative powers conferred on the Commission by Regulation 1/2003 is very broad, particularly when it comes to its right to order and carry* out an unannounced control of an undertaking suspected of anti-competitive conduct. The considerations of the Court focused in Glosa do ïïyroku Sadu w sprawie Deutsche Bahn v. Komisja... 11 7 particular on whether there needs to be prior judicial approval of the control decision and whether the information collected during one inspection can serve as a basis for ordering another. The Court offered a detailed account of its reasoning as to why the action by Deutsche Bahn seeking the annulment of the three decisions of the Commission has to be rejected in favour of the latter.

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